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hospital bed with conspireing to use weapons of mass destruction. 19-year-old dzhokhar zorn yef s tsarnaev is charged with malicious destruction of property resulting in death. the charges could carry the death penalty. after much speculation, the white house explained today why tsarnaev will not be prosecuted as an enemy combatant. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice. under u.s. law the united states citizens can not be tried in military commissions. and it is important to remember that since 9/11, we have used the federal court system to convict and incarcerate hundreds of terrorists. >> tsarnaev now lies under armed guard unable to speak due to what may be a self-inflicted gunshot wound in his neck. authorities continue to question him, relying on written answers at this point. but his answers may be somewhat less important in his prosecution given the volume of evidence in the federal complaint, including description of video after the first explosion. "bomber two virtually alone among the individuals
details today about the suspects in the boston marathon bombing. ja h dzhokhar tsarnaev is listed in serious condition after he was taken into custody. the 19-year-old was found hiding in a boat parked outside a watertown home and there are new suspicions his older brother, who died in the shootout with police early friday morning, could have received terrorist training or support abroad. an official familiar with the matter tells nbc news that a foreign government has expressed concern back in 2011 that tamerlan tsarnaev could have ties to terrorism. the official says the fbi investigated but found no such links and reported the findings back to that foreign government. let's bring in msnbc analyst and former hostage negotiator james cavanagh. james, thanks for joining me again and great work yesterday through all of the mayhem, but i'm curious about the frequency with which we get a warning from a foreign government about someone who is here in our country that potentially has ties to terrorism. >> you know, that stuff does come in to federal agencies all the time really, alex.
who has been all over this story. j dzhokhar tsarnaev will be charged in a civilian court given the debate we have been talking about this this morning. that will be happening to him? >> no question. a policy decision the obama administration has made. he was a american citizen and naturalized last september and now a federal law, the national defense authorization act of 2012 that says american citizens cannot be tried in military commission. so it's not -- this debate is not a question about where he should be tried. the republicans who say he should be treated differently, their claim is that while they understand the civilian trial will go forward, they think he should be treated for now as an enemy combatant and questioned without any question about his rights, without any issue about whether information he gives would be used in his trial, and then turn back over to civilian authorities. but, clearly, the justice department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound
as they misinspectfied the boston bombing suspect, dzhokhar tsarnaev -- >> bill: that's close. >> the text came up as an actress who stars as on new girl. >> i tweeted the picture. i had quite an evening -- because i tweeted the pick chair and within moments joel mchale the actor and comedian, he retweeted it and then i would say about 30 minutes later she retweeted it. >> bill: oh. >> i got a direct message from her. >> bill: you did? >> yes i did. >> bill: very nice. >> yeah it got out there. >> bill: we'll get the pulitzer prize for peter ogburn. >> yes and we can safely say that peter went viral on friday night. >> i was trending in canada. >> al michaels had one too many over the weekend he was arrested and charged with a dui. he was pulled over friday night in santa monica california and spent five hours behind bars to sober up. >> bill: dummy. >> i'll say this, i have cold called a lot of people to come on and be guest, and i cold called al michaels one time in the hotel room. meanest sob i have ever dealt with. but now that we know he drinks -- >> bill: that's it. you
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